Category: For Your Family

Belluck & Fox Defeats Challenge to New York Mesothelioma Verdict

• Nancy Meredith
• For Your Family

New York, NY, May 26, 2012 — A recent ruling by the New York Court of Appeals has upheld a $1.5 million asbestos verdict obtained by the New York mesothelioma lawyers of Belluck & Fox, LLP, including the landmark finding by the jury that the defendant, Fisher Controls International, LLC, acted with a reckless disregard towards the safety of the plaintiff, Ronald Drabczyk.

The case is Drabczyk v. Fisher Controls International, LLC (Erie County Index No. 2005/1583).

Drabczyk, died from his exposure to asbestos in Buffalo, NY  in 2005. Despite only being assessed a small percentage of fault, the finding that Fisher was reckless means it is liable for the entire judgment under New York law.

In the May 8 court order, the Court of Appeals denied a motion that had been filed by Fisher, seeking to set aside the reckless disregard finding made by an Erie County jury in October 2009.

In declining to address Fisher’s motion, the Court of Appeals also declined to address arguments made by Crane Co., another valve manufacturer who had filed a brief in support of Fisher and pleaded with the Court of Appeals to decide an issue that could have benefited both Fisher and Crane Co. in future asbestos cases.

The Court of Appeals’ ruling upholds the jury’s finding that Fisher had acted with a reckless disregard for the man’s safety.

As a result of the reckless misconduct finding, under New York law, the Iowa-based valve manufacturer is liable for the full $1.5 million amount of the judgment (reduced by settlements received by the plaintiff from other parties).

“This is the first asbestos verdict in the country against Fisher for injury resulting from exposure to asbestos in Fisher products,” said Seth Dymond, a New York mesothelioma attorney and a Belluck & Fox, LLP partner who handled the appeal for the law firm.

“This verdict reaffirms that corporations that fail to warn workers of known dangers in their products will be held fully accountable for the damage they cause,” Dymond said. “And if they act with a reckless disregard for workers’ safety, they will be responsible for the full weight of the verdict under the laws of the State of New York no matter their percentage of fault.”

According to court documents, Mr. Drabczyk had worked at the Hooker Chemical plant in Niagara Falls, NY, from 1970 to 1996. He repaired and refurbished valves sold by Fisher, which is a subsidiary of St. Louis-based Emerson Electric Co. More than half of the valves that Fisher sold to the repairman’s employer contained asbestos. Further, Fisher supplied asbestos-containing replacement parts to the plant for use in its valves that further exposed Mr. Drabczyk to lethal doses of asbestos.

According to Dymond, in October 2004, the valve repairman was diagnosed with mesothelioma, a cancer of the lining of the chest that is caused by exposure to asbestos. He filed the personal injury action in Erie County Supreme Court before he passed away in November 2005, just 13 months after his diagnosis.

After a four-week trial, the jury returned a verdict in October 2009, apportioning five percent of the liability for the man’s damages, including pain and suffering, to Fisher. The same jury found that Fisher had acted with reckless disregard for the man’s safety.

Under New York law, a defendant is only liable for its share of fault unless, among other factors, it is found to have acted recklessly. Once that finding is made, the defendant can be held liable for the full amount of damages.

Belluck & Fox, LLP partner Jordan Fox led the trial team that obtained the verdict and the judgment, which was entered in September 2010. Dymond handled the post-verdict litigation for the New York personal injury firm.

The Supreme Court of New York denied Fisher’s motion to set aside the verdict in July 2010. The Appellate Division, Fourth Judicial Department, affirmed in part in February 2012. The Court of Appeals’ May 8 ruling denied Fisher’s motion to review the case.

The ruling comes after two Belluck & Fox, LLP mesothelioma verdicts – a $32 million verdict in Dummitt v. A.W. Chesterton (No. 190196/10) and a $19.5 million verdict in Konstantin v. 630 Third Avenue Associates (No. 190134/10) – were listed among the top 10 New York verdicts of 2011.

Know more about mesothelioma.

British Lung Foundation Targets DIY Home Renovators to Prevent Mesothelioma

• Nancy Meredith
• For Your Family

The British Lung Foundation (BLF) is running an asbestos awareness campaign focused on do-it-yourself (DIY) home renovators. The campaign called “Take 5 and Stay Alive,” is aimed at preventing DIYers from becoming victims of lung disease, including mesothelioma, lung cancer and asbestosis, caused by asbestos exposure.

According to the BLF, nearly 4,000 Britains die each year from asbestos-related diseases. Of all of the diseases, mesothelioma is the most serious with patients typically living less than a year after diagnosis. Symptoms often don’t present themselves until decades after exposure. Then, according to the BLF, “it’s often too late to do anything. So you need to get the facts to protect you and your family before you start your DIY project.”

Although many believe that the only people susceptible to mesothelioma are industrial workers, such as insulators, plumbers and pipefitters, electricians, sheet metal workers, or construction workers, who were exposed to asbestos fibers over an extended period of time, the U.S. Environmental Protection Agency has said, “Asbestos is a human carcinogen with no safe level of exposure.”

BLF suggests before beginning a DIY project, to “get the answers to these 5 crucial questions about asbestos:”

• What is asbestos?
• Where and when was asbestos used?
• What does asbestos look like?
• What if I find asbestos in my home?
• Where can I get all the facts?

Answers to all of these questions can be found on the BLF website or on MesotheliomaHelp.org.

When asbestos is present in structures it often does not present a hazard unless it is disturbed, causing the fibers to become airborne. When the fibers are breathed into the lungs, they then become lodged in the thin membrane that lines and encases the lungs, leading to respiratory diseases.

Because of the dangers posed from handling asbestos, individuals should not attempt to remove it on their own. Many companies across Great Britain and the United States specialize in the removal of this hazardous substance and should be contracted for the work.

Close to 3,000 Americans die from the cancer yearly, and just as many are diagnosed with the disease. Although there is no cure for mesothelioma, it can be treated with varying degrees of success through the use of surgical procedures, chemotherapy and radiation.

NORD Honors Supporters of Mesothelioma and All Rare Diseases for Their Commitment to Improving the Lives of Patients

• Nancy Meredith
• For Your Family

Next week the National Organization for Rare Disorders (NORD) will honor men and women who have made a difference in the lives of people with rare diseases. Rare diseases, such as mesothelioma, AIDS and muscular dystrophy, affect over 30 million Americans, and leave many with terminal illnesses and no treatment.

Due to the rarity of mesothelioma, an aggressive form of cancer caused by asbestos exposure, and all other orphan diseases, managing the disease and trying to find appropriate treatment can be overwhelming to the patients and their families. NORD offers vital services to the public through providing information about diseases, referrals to patient organizations, research grants and fellowships and other critical services for those battling a rare disease.

NORD will honor members of the U.S. Congress, patient advocates, medical researchers, and companies that have brought new therapies to market on Tuesday, May 15, at Union Station in Washington, DC. The award ceremony is part of NORD’s annual “Partners in Progress Celebration” that highlights how “stakeholders in the rare disease community work together toward their shared goal of improving the lives of patients.”

“This is NORD’s opportunity to celebrate excellence and to say thank you on behalf of the patient community to those who have advanced the cause during the previous year,” said Peter L. Saltonstall, NORD president and CEO. “We look forward to this event each year, and we truly appreciate the accomplishments it honors.”

Some of the NORD awards include: 

National health leadership award, to honor leadership in public policy to improve the lives of patients and families affected by rare diseases, will be presented to North Carolina Senator (D) Kay Hagan, who introduced The Transforming the Regulatory Environment to Accelerate Access to Treatments (TREAT) Act, targeted toward getting treatments in a quick and safe manner to patients with orphan diseases.

Partners in progress corporate awards, to honor companies that have brought important and innovative treatments to market within the previous year, will honor Pfizer, Inc. for Xalkori, known generically as crizotinib, approved by the FDA with a companion diagnostic test to treat certain patients with late-stage, non-small cell lung cancers, and potentially mesothelioma patients, who express the abnormal ALK gene.

A disease is designated as an orphan disease when less than 200,000 Americans are affected by the disease at any given time. Mesothelioma is responsible for approximately 3,000 new cases of cancer each year in the United States.  Although there is no cure for mesothelioma, it can be treated with varying degrees of success through the use of surgical procedures, chemotherapy and radiation.

NORD is a unique federation of voluntary health organizations dedicated to helping people with rare “orphan” diseases and assisting the organizations that serve them. NORD is committed to the identification, treatment, and cure of rare disorders through programs of education, advocacy, research, and service.

Know more about mesothelioma and how you can deal with it.

NORD’s Fundraising Event for Mesothelioma and Other Rare Diseases

• Nancy Meredith
• For Your Family

The National Organization for Rare Disorders (NORD) has announced its Partners in Progress 2012 Celebration will be held at Union Station in Washington, DC, on Tuesday, May 15, 2012. The event is NORD’s primary fundraising event for the year. Patients with mesothelioma, an asbestos-related cancer and one of the 7,000 rare, or “orphan,” diseases or conditions affecting millions of Americans, are eligible for support through NORD’s programs.

In the United States an orphan disease status is assigned to a disease or disorder if it affects fewer than 200,000 Americans at any given time. Mesothelioma is diagnosed in close to 3,000 Americans each year, with just as many dying from the disease.

NORD is a non-profit organization that receives no government funding and relies entirely on private donations. The organization offers vital services to the public through providing information about rare diseases, referrals to patient organizations, research grants and fellowships, advocacy for the rare-disease community, and Medication Assistance Programs that help needy patients obtain certain drugs they could not otherwise afford.

According to NORD, attendees at the Celebration include companies who work in the rare disease space, individuals from FDA and NIH who are interested in rare diseases, representatives from patient advocacy groups, and policy makers who are sensitive to rare disease issues.

Companies interested in co-sponsoring the event can find information at NORD’s website. Sponsorships are available from $1,000 to $50,000. Patients, government employees, patient organization representatives and other interested parties are invited to purchase individual tickets.

Healthy Lifestyle Choices Can Benefit Mesothelioma Patients

• Nancy Meredith
• For Your Family

The National Cancer Institute reports 95% of the cancer diagnoses are dependent on choices we make every day, such as food selection, smoking decisions, sun exposure and exercise habits. Making poor choices can negatively impact our ability to age gracefully and to enjoy a full, productive life. Although Americans diagnosed with mesothelioma doubtful had control over the circumstances leading to their disease, a lifetime of healthy living can help the patient maintain a higher quality of life while battling the cancer.

The World Health Organization (WHO) wants to spread this message throughout the world as it invites all nations to join in the celebration of World Health Day on Monday, April 7. WHO has chosen “ageing and health” as the theme this year. With the slogan of “Good health adds life to years,” WHO has developed an ad campaign featuring elderly people enjoying time with their grandchildren, dancing, working in the fields and even bungee jumping.

“2012 is a year of reflection, work and celebration dedicated to promoting life that is not only longer but also more active and healthier,” said Dr. Mirta Roses Periago, Director of the Pan American Health Organization (PAHO) on the announcement of World Health Day.

By 2020, according to PAHO, the Americas will have 200 million older people, with more than half living in Latin America and the Caribbean. The increase in life expectancy and consequent growth in the older population has brought about a health transition characterized by a rise in non-communicable disease and disability and a wider demand for healthcare.

World Health Day is the kickoff for a year of advocacy activities and should not be seen as a one day event, said the organizers of the day. “Preventing diseases through immunization, good nutrition, and healthy lifestyles will result in an elderly population that is a rich resource for families, communities and nations,” Dr Samlee Plianbangchang, WHO’s regional director for South-East Asia.

Mesothelioma is a rare cancer causally linked to asbestos exposure. With a latency period of up to 50 years, most people exposed to the toxic material do not develop symptoms of mesothelioma until they are over 65. While the average survival time of mesothelioma patients typically varies from 4 – 18 months after diagnosis, many factors determine the life expectancy. Factors include type and stage of mesothelioma, treatment plan, whether the patient has ever smoked, the lifestyle, diet and fitness level of the patient, as well as age, sex and family traits.

According to a recent study by Belgian researchers, nearly half of older cancer patients have unrecognized medical problems that may also need to be addressed. Although not all of the conditions can be prevented, World Health Day is meant to bring awareness to the fact that a long, healthy life begins at childhood and depends on choices made throughout life.

By maintaining a healthy lifestyle through exercise and proper nutrition, those that do fall victim to mesothelioma may have an easier time of battling the disease and may enjoy a higher quality of life during treatments.